Hera Print, Inc. v. The Partnerships and Unincorporated Associations Identified in Schedule "A"
| Hera Print, Inc. |
| The Partnerships and Unincorporated Associations Identified in Schedule "A", dokotoo, roskiki, shenzhenshishangyikufushi Co. Ltd., Shen Zhen Min Long E-Commerce Co., Ltd, Shenzhen Weiteli Clothing Co., Ltd, dongguanshishangzhifushi Co. Ltd., Xi Anyuxinpeng Keji Youxiangongsi doing business as Uillui Store, Hunan Yishuihang Education Technology Co., Ltd., Fengze Qu Yunyan Fushi Shanghang, Harhay, Cangnan Haomian Clothing Co., Limited, Shenzhen Sheng Fei Wang Luo Ke Ji You Xian Gong Si doing business as Lalala, Wannianxianyichenfushiyouxiangongsi, Quanzhoushimengbeimaoyiyouxiangongsi doing business as Necooer, Zhang Yinjie, Dongguanshishangzhifushi Co., Ltd, Shenzhenshirongxinhemaoyi Co., Ltd, Xiamen Jiuzhoutong Tongxin Jishu You Xian Gong Si, Syellowafter, Quanzhou Tong Wo Wang Luo Ke Ji You Xian Gong Si, Shenzhen Mo Li Wang Luo Ke Ji You Xian Gong Si doing business as Halife, Quanzhouduoernaidianzishangwuyouxiangongsi, Shenzhenshiweientekejiyouxiangongsi, Shenzhenshishangyikufushi Co., Ltd, Jinjiang Shi Hongxiang Fushi Zhizao Co., Ltd, Quan Zhou Feng Ze Ru Min Clothing Online Store, Quanzhoufengzehongwendianzishangwuyouxiangongsi, Shenzhenshiweidi Fu Jian Kangguan Liyou Xiangongsi, Jgjjugn, Shenzhenshimuyadianzishangwuyouxianzerengongsi and Xiamenshengchengandianzishangwuyouxiangongsi |
| 1:2023cv11244 |
| September 13, 2023 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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| Filing 57 MINUTE entry before the Honorable John J. Tharp, Jr:The motion by defendants Fengze Qu Yunyan Fushi Shanghang, Jinjiang Shi Hongxiang Fushi Zhizao Co., Ltd to deposit funds #55 is granted. It appearing that defendants Fengze Qu Yunyan Fushi Shanghang, Jinjiang Shi Hongxiang Fushi Zhizao Co., Ltd, Shenzhenshishangyikufushi Co. Ltd, Dongguanshishangzhifushi Co., Ltd, Shen Zhen Min Long E-Commerce Co., Ltd, and Shenzhen Weiteli Clothing Co., Ltd have deposited check bonds of $3,500.00 each, in compliance with the Court's prior order #52 , asset restraints in the Temporary Restraining Order dated September 26, 2023 #13 against each of the aforementioned defendants are lifted. The plaintiff is directed to instruct any Third Party platform restraining the above defendants' assets that those assets are no longer restrained by any order of this Court. Mailed notice (air, ) |
| Filing 55 MOTION by Defendants Fengze Qu Yunyan Fushi Shanghang, Jinjiang Shi Hongxiang Fushi Zhizao Co., Ltd to deposit funds (Attachments: #1 Exhibit 1)(Mu, Shengmao) |
| CHECK BOND in the amount of $ 3500 posted Receipt No 4624292851 by Dongguanshishangzhifushi Co., Ltd (khg, ) |
| CHECK BOND in the amount of $ 3500 posted Receipt NO 4624292852 by Shen Zhen Min Long E-Commerce Co., Ltd (khg, ) |
| CHECK BOND in the amount of $ 3500 posted Receipt number 4624292850 by Shenzhenshishangyikufushi Co. Ltd (khg, ) |
| Check BOND in the amount of $7,000.00 posted by Fengze Qu Yunyan Fushi Shanghang, Jinjiang Shi Hongxiang Fushi Zhizao Co., Ltd (jcc, ) |
| CHECK BOND in the amount of $ 3500 Receipt 4624292853 posted by Shenzhen Weiteli Clothing Co., Ltd (khg, ) |
| Filing 54 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal #53 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant Shenzhen Sheng Fei Wang Luo Ke Ji You Xian Gong Si d/b/a Lalala is dismissed from this case. Mailed notice (air, ) |
Filing 56
ORDER: Defendants Vintatre, Grecerelle, Kuotai, and Popyoung's emergency motion to enforce expiration of TRO 51 is granted in part and denied in part. The Court will not order the plaintiff to inform Amazon of the expiration of the TRO; the TRO will remain in effect as to the movants, as well as the other two defendants that similarly appeared, filed timely objections to the motion for preliminary injunction, and were ultimately excluded from the modified preliminary injunction order 48. This amounts to: defendants nos. 2, 5, 10, 11, 19, and 21 (collectively, the "Objecting Defendants"). The Court's extension of the TRO past the 28-day deadline pending resolution of the motion for preliminary injunction against the Objecting Defendants is an appealable order pursuant to H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844-45 (7th Cir. 2012) (holding that a district court may extend the duration of a TRO beyond the statutory limit and without consent of the enjoined party until it reaches a decision on a preliminary injunction by technically converting the TRO into an enforceable preliminary injunction subject to appellate review). The briefing schedule on the motion for preliminary injunction as to the Objecting Defendants set forth in the Court's prior order 47 remains in place. The Objecting Defendants are granted leave to deposit funds into the Court's registry account in the amount of $3,500.00 each. Such funds shall be held by the Clerk and shall not be disbursed until further order of Court. Upon confirmation from the Clerk that any of the Objecting Defendants have submitted the aforementioned funds, the asset restraints in the Temporary Restraining Order dated September 26, 2023 13 against any such defendants shall be lifted. Signed by the Honorable John J. Tharp, Jr on 10/30/2023. Mailed notice. (axk, )
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| Filing 53 NOTICE of Voluntary Dismissal by Hera Print, Inc. as to Defendant Lalala only (Paladino, Mackenzie) |
| Filing 52 MINUTE entry before the Honorable John J. Tharp, Jr:Defendants Vintatre, Grecerelle, Kuotai, and Popyoung's emergency motion to enforce expiration of TRO #51 is granted in part and denied in part. The Court will not order the plaintiff to inform Amazon of the expiration of the TRO; the TRO will remain in effect as to the movants, as well as the other two defendants that similarly appeared, filed timely objections to the motion for preliminary injunction, and were ultimately excluded from the modified preliminary injunction order #48 . This amounts to: defendants nos. 2, 5, 10, 11, 19, and 21 (collectively, the "Objecting Defendants"). The Court's extension of the TRO past the 28-day deadline pending resolution of the motion for preliminary injunction against the Objecting Defendants is an appealable order pursuant to H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844-45 (7th Cir. 2012) (holding that a district court may extend the duration of a TRO beyond the statutory limit and without consent of the enjoined party until it reaches a decision on a preliminary injunction by technically converting the TRO into an enforceable preliminary injunction subject to appellate review). The briefing schedule on the motion for preliminary injunction as to the Objecting Defendants set forth in the Court's prior order #47 remains in place. The Objecting Defendants are granted leave to deposit funds into the Court's registry account in the amount of $3,500.00 each. Such funds shall be held by the Clerk and shall not be disbursed until further order of Court. Upon confirmation from the Clerk that any of the Objecting Defendants have submitted the aforementioned funds, the asset restraints in the Temporary Restraining Order dated September 26, 2023 #13 against any such defendants shall be lifted. Mailed notice (air, ) |
| NEW PARTIES: Xi Anyuxinpeng Keji Youxiangongsi, Hunan Yishuihang Education Technology Co., Ltd., Fengze Qu Yunyan Fushi Shanghang, Harhay, Cangnan Haomian Clothing Co., Limited, Shenzhen Sheng Fei Wang Luo Ke Ji You Xian Gong Si, Wannianxianyichenfushiyouxiangongsi, Quanzhoushimengbeimaoyiyouxiangongsi, Zhang Yinjie, Dongguanshishangzhifushi Co., Ltd, Shenzhenshirongxinhemaoyi Co., Ltd, Xiamen Jiuzhoutong Tongxin Jishu You Xian Gong Si, Syellowafter, Quanzhou Tong Wo Wang Luo Ke Ji You Xian Gong Si, Shenzhen Mo Li Wang Luo Ke Ji You Xian Gong Si, Quanzhouduoernaidianzishangwuyouxiangongsi, Shenzhenshiweientekejiyouxiangongsi, Shenzhenshishangyikufushi Co., Ltd, Jinjiang Shi Hongxiang Fushi Zhizao Co., Ltd, Quan Zhou Feng Ze Ru Min Clothing Online Store, Quanzhoufengzehongwendianzishangwuyouxiangongsi, Shenzhenshiweidi Fu Jian Kangguan Liyou Xiangongsi, Jgjjugn, Shenzhenshimuyadianzishangwuyouxianzerengongsi and Xiamenshengchengandianzishangwuyouxiangongsi added to case caption. (Paladino, Mackenzie) |
| Terminating Shenzhen Mo Li Wang Luo Ke Ji You Xian Gong Si, Syellowafter, Xi Anyuxinpeng Keji Youxiangongsi, Shenzhen Sheng Fei Wang Luo Ke Ji You Xian Gong Si and Quanzhoushimengbeimaoyiyouxiangongsi (Paladino, Mackenzie) |
| Filing 51 MOTION by Defendants Shen Zhen Min Long E-Commerce Co., Ltd, Shenzhen Weiteli Clothing Co., Ltd, dongguanshishangzhifushi Co. Ltd., shenzhenshishangyikufushi Co. Ltd. to enforce Emergency Motion to Enforce Expiration of TRO (Attachments: #1 Declaration of Aggarwal, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Konieczny, Daniel) |
| Filing 48 MODIFIED Preliminary Injunction Order Signed by the Honorable John J. Tharp, Jr on 10/26/2023. Mailed notice(air, ) |
| Filing 47 MINUTE entry before the Honorable John J. Tharp, Jr:Defendants dokotoo and roskiki's motion to clarify #44 is granted. The defendants had not previously identified their seller or business aliases and the Court could not therefore exclude them from the schedule A attached to the preliminary injunction order #43 . The Court directs the plaintiff and the defendant to include the "defendant number" that corresponds to each defendant on the schedule A when referring to any defendant in any future filing. The preliminary injunction #43 is modified to exclude the seller or business aliases of defendants dokotoo and roshiki due to their objections before the deadline #35 . The plaintiff's responses to the objections by dokotoo and roshiki #35 as well as to the objections by the other group of defendants #41 are due 11/16/23; defendants' replies in support of their objections are due 11/30/23. Enter modified preliminary injunction order. Mailed notice (air, ) |
| Filing 46 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal #45 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant HALIFE is dismissed from this case. Mailed notice (air, ) |
| Filing 45 NOTICE of Voluntary Dismissal by Hera Print, Inc. as to Defendant HALIFE only (Paladino, Mackenzie) |
| Filing 44 MOTION by Defendants dokotoo, roskiki to clarify (Mu, Shengmao) |
| Filing 43 PRELIMINARY Injunction Order Signed by the Honorable John J. Tharp, Jr on 10/24/2023. Mailed notice(air, ) |
| Filing 42 MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's motion for entry of a preliminary injunction #19 is granted, except as to certain objecting defendants #41 . Enter preliminary injunction order. The preliminary injunction directs, among other things, that Schedule A be unsealed. Plaintiff is ordered to enter in CM/ECF no later than 11/1/23 each defendant named in the original Schedule A as a party in this case (where a defendant has been dismissed, the CM/ECF entry should reflect that status). Failure to timely comply with this requirement may result in vacating the preliminary injunction. For instructions as to how to add parties to the case docket, see https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4. Mailed notice (air, ) |
| Filing 41 RESPONSE by Shen Zhen Min Long E-Commerce Co., Ltd, Shenzhen Weiteli Clothing Co., Ltd, dongguanshishangzhifushi Co. Ltd., shenzhenshishangyikufushi Co. Ltd.in Opposition to MOTION by Plaintiff Hera Print, Inc. for preliminary injunction #19 (Attachments: #1 Declaration of Aggarwal, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Konieczny, Daniel) |
| Filing 40 ATTORNEY Appearance for Defendant shenzhenshishangyikufushi Co. Ltd. by Daniel I. Konieczny (Konieczny, Daniel) |
| Filing 39 ATTORNEY Appearance for Defendant Shenzhen Weiteli Clothing Co., Ltd by Daniel I. Konieczny (Konieczny, Daniel) |
| Filing 38 ATTORNEY Appearance for Defendant Shen Zhen Min Long E-Commerce Co., Ltd by Daniel I. Konieczny (Konieczny, Daniel) |
| Filing 37 ATTORNEY Appearance for Defendant dongguanshishangzhifushi Co. Ltd. by Daniel I. Konieczny (Konieczny, Daniel) |
| Filing 36 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal #34 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant NECOOER is dismissed from this case. Mailed notice (air, ) |
| Filing 35 MEMORANDUM by dokotoo, roskiki in Opposition to motion for preliminary injunction #19 (Attachments: #1 Exhibit 1)(Mu, Shengmao) |
| Filing 34 NOTICE of Voluntary Dismissal by Hera Print, Inc. as to Defendant Necooer only (Paladino, Mackenzie) |
| Filing 33 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notices of voluntary dismissal #31 #32 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants Uillui Store and Uillui Store are dismissed from this case. (rbf, ) |
| Filing 32 NOTICE of Voluntary Dismissal by Hera Print, Inc. as to Defendant Syellowafter only (Paladino, Mackenzie) |
| Filing 31 NOTICE of Voluntary Dismissal by Hera Print, Inc. as to Defendant Xi Anyuxinpeng Keji Youxiangongsi only (Paladino, Mackenzie) |
| Filing 30 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for preliminary injunction #19 is taken under advisement. Upon review of the Certificate of Service, however, the Court directs Plaintiff to supplement the publication of the motion on the website with prominent text advising defendants that: A motion for entry of a preliminary injunction has been filed and that any responses or objections to that motion must be filed before October 24, 2023. Further, the proposed order that the plaintiff sent to the Court's proposed order inbox includes language suggesting that defendant domain names are included in the attached schedule A; however, the schedule A has no such details. Paragraph 3 of the preliminary injunction enjoins conduct by certain domain name registries for "Defendant Domain Names," but again, the schedule A does not include the defendant domain names. The plaintiff is directed to submit a corrected proposed order that either identifies the defendant domain names in the Schedule A or removes that language from the body of the order. Mailed notice (air, ) |
| Filing 29 NOTICE of POSTING SURETY BOND by Hera Print, Inc. (Paladino, Mackenzie) |
| Filing 28 SURETY BOND in the amount of $ 28,000.00 posted by Hera Print, Inc. (Document not scanned). (jn, ) |
| Filing 27 ATTORNEY Appearance for Defendant dongguanshishangzhifushi Co. Ltd. by Hua Chen (Chen, Hua) |
| Filing 26 ATTORNEY Appearance for Defendant Shenzhen Weiteli Clothing Co., Ltd by Hua Chen (Chen, Hua) |
| Filing 25 ATTORNEY Appearance for Defendant Shen Zhen Min Long E-Commerce Co., Ltd by Hua Chen (Chen, Hua) |
| Filing 24 ATTORNEY Appearance for Defendant shenzhenshishangyikufushi Co. Ltd. by Hua Chen (Chen, Hua) |
| Filing 23 MINUTE entry before the Honorable John J. Tharp, Jr: The plaintiff has failed to pay the $28,000.00 surety bond within the seven-day deadline imposed in the TRO #13 . No preliminary injunction shall issue unless the bond has been submitted. Mailed notice (air, ) |
| Filing 22 SUMMONS Returned Executed by Hera Print, Inc. as to All Defendants. (Paladino, Mackenzie) |
| Filing 21 AFFIDAVIT by Plaintiff Hera Print, Inc. in Support of MOTION by Plaintiff Hera Print, Inc. for preliminary injunction #19 (Paladino, Mackenzie) |
| Filing 20 MEMORANDUM by Hera Print, Inc. in support of motion for preliminary injunction #19 (Paladino, Mackenzie) |
| Filing 19 MOTION by Plaintiff Hera Print, Inc. for preliminary injunction (Paladino, Mackenzie) |
| Filing 18 ATTORNEY Appearance for Defendants dokotoo, roskiki by Shengmao Mu (Mu, Shengmao) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified in Schedule "A" (axk, ) |
| Filing 17 EXTENSION of Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 10/10/2023. Mailed notice(air, ) |
| Filing 16 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to extend the temporary restraining order 15 is granted. Enter order Mailed notice (air, ) |
| Filing 13 SEALED Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 9/26/2023. Mailed notice(air, ) |
| Filing 12 MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's ex parte motion for TRO #5 is granted. Plaintiff's motions for leave to file under seal #3 , #4 are granted. Enter temporary restraining order. Mailed notice (air, ) |
| Filing 11 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Hera Print, Inc. (Paladino, Mackenzie) |
| Filing 10 MINUTE entry before the Honorable John J. Tharp, Jr: The plaintiff is directed to send a word document version of the revised schedule A to the Court's proposed order inbox, Proposed_Order_Tharp@ilnd.uscourts.gov. Mailed notice (air, ) |
| Filing 9 SEALED DOCUMENT by Plaintiff Hera Print, Inc. (AMENDED SCHEDULE A TO COMPLAINT) (Paladino, Mackenzie) |
| Filing 8 SEALED DOCUMENT by Plaintiff Hera Print, Inc. (Exhibit 2 to the Declaration of Byung Song in Support of Motion for Temporary Restraining Order) re SEALED MOTION by Plaintiff Hera Print, Inc. for Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process By E-Mail and/or Electronic Publication #5 (Paladino, Mackenzie) |
| Filing 7 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for temporary restraining order #5 is denied without prejudice. The Exhibit 2 to the Declaration of Song is intended to show screenshots of alleged infringements by all defendant stores listed on the Schedule A, but, upon review, it only shows alleged infringements from two stores. The plaintiff is directed to refile, under seal, the exhibit to show preliminarily plausible copyright infringements by all defendants (in a clear and organized manner identifying which screenshots correspond to which defendants, as well as which copyrights are allegedly being infringed by each defendant). Moreover, the plaintiff is directed to refile a sealed Schedule A that adds defendant numbers for each defendant for ease of reference (Def. No. 1, Def No. 2, etc.). To the extent that any refilings have any effect on the text of a proposed order, the plaintiff is directed to send a renewed proposed order in word format to the Court's proposed order inbox. Lastly, the plaintiff is directed to file a notification of affiliates in accordance with the N.D. Ill. Local Rules. Mailed notice (air, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (lw, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (lw, ) |
| Filing 14 MAILED copyright report to Registrar, Washington DC. (jn, ) |
| Filing 6 REPORT on the Filing of an Action Regarding a Copyright by Hera Print, Inc. (Attachments: #1 Exhibit A)(Paladino, Mackenzie) |
| Filing 5 SEALED MOTION by Plaintiff Hera Print, Inc. for Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process By E-Mail and/or Electronic Publication (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Syung Song, #3 Exhibit 2 to Song DL, #4 Declaration of Mackenzie Paladino, #5 Exhibit 1 to Paladino DL, #6 Exhibit 2 to Paladino DL, #7 Exhibit 3 to Paladino DL, #8 Exhibit 4 to Paladino DL, #9 Text of Proposed Order)(Paladino, Mackenzie) |
| Filing 4 SEALED MOTION by Plaintiff Hera Print, Inc. for Leave to File Under Seal (Attachments: #1 Complaint, #2 Exhibit A to Complaint, #3 Exhibit B to Complaint, #4 Schedule A, #5 Text of Proposed Order)(Paladino, Mackenzie) |
| Filing 3 MOTION by Plaintiff Hera Print, Inc. to seal Complaint, Motion for Temporary Restraining Order, Supporting Memorandum, Declarations, and Exhibits (Paladino, Mackenzie) |
| Filing 2 CIVIL Cover Sheet (Paladino, Mackenzie) |
| Filing 1 COMPLAINT filed by Hera Print, Inc.; Jury Demand. Filing fee $ 402, receipt number AILNDC-21062135.(Paladino, Mackenzie) |
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